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I have received court paperwork for and alleged dept from a MBNA credit card that was alleged to have been taken out 15/7/2000 and defaulted 28/2/2013.
The highlights:
Claim amount £2668.54
Interest £891.37
The Court Fee £110.00
Total £3669.91
I am totally lost with the process I don't know who to turn to or what to do I have a deadline to submit a reply/defence to the court by 26/7/17. I contacted BigC550 as I could see he had the same problem with the same people and in the N.Ireland area I sent some messages and got replies and I want to fight this. I'm also being sent to work from the 18th to the 24th in England which limits even more my ability to find suitable representation or help as most legal business are on holidays this week and the legal brains on holiday for the month. I cant find anyone with customer credit knowledge except for one which has been recommended but has represented the creditor against me but are not part of this action.
History:
I was in a shopping centre and only signed an application form to see if I could get a credit card and this was the only document I ever signed. I got the card used it ran a balance unaware of the nature of MBNA made redundant 2004 became self-employed and continued until 2006 when the credit limit increased without my request and interest rates increased 16% - 24% then 2008 34% and then I struggled until 2010 when I started to learn my rights and got the phone calls stopped and got a payment agreed and the interest rate frozen with MBNA. MBNA had taken PPI on me from the start although I knew I never asked for it and had ticked the box no on my application form at the start and 3 other times over the phone I asked for it to be removed but was refused and was never told I had to request it stopped in writing I guess no means no and I could not afford to cancel everything as I did not have the money to clear the dept in full if it went that way. In 2012 the payment schedule went nuts I was getting default notices all the time I broke my angle and could not work told them but they kept coming until Sept 2012 after requesting copies of credit agreement and MBNA giving me different addresses over the phone and not giving me an address in writing where I could send the request. I even complained to the FOS about it as I was told no requests had been received by MBNA eventually I got a copy for S78 request which I got I think from this site which was the current terms and conditions typed on plain A4 paper, and a copy of the application form and what I never had seen as it was on a clip board when I signed the front of the application form some terms and conditions on the back. Then form had 2 stamps on it one round and unreadable the other a date stamp 15/8/00 with a signature integrated in the stamp over it very clear compared to the circular one which has what looks like a date and the word verbally verified in it these are over the top of some terms and not in a specified area. After a final default dated 2/1/13 with action date of 20/1/13 which I had not received before I had left the country early hours of the 25/1/13 and found it on my return on the 1/2/13 the history on this is I had complained many times and got the FOS involved as my mail from MBNA was always taking 2 weeks to arrive which was causing me difficulty paying statements in time and time sensitive documents were arriving after deadline dates I had rang UK Mail and asked could the barcodes be decoded to discover the true postal dates but they refused and said it was between them and MBNA (the customer). I discovered an online way of submitting complaints which avoided the post not arriving with them I used it to claim PPI back I received £3710 against the same outstanding balance of £2668.54 and I could not understand how the outstanding balance was still the same with so much PPI being paid back the fact they had illegally taken it was never addressed, so I complained about this but MBNA just said they were right without explaining why or how and I also said the credit agreement was unenforceable that it was not to the correct legal requirement in responce they said it was legal and they continued. The defaulted dept was sold to AKTIVE KAPITAL Norway, then apparently AKTIVE KAPITAL UK and from the start I said the agreement was unenforceable and refused to acknowledge it or pay anything. They would stop contact for several months they reappear and disappear again since 2013 when I give them the same response of unenforceable.
Since the default 20/1/13 I requested copy of agreement and SAR request from MBNA which now looking at it has some in my view damming evidence of deception and misrepresentation with dates and documentation. This is around the credit agreement date of signing/activation and the last default notice was printed 6 to 7 days after the date on the document. I got a copy of the default notice which has been altered the regards name and signature on it and the action date one day later than the original also it refers to different clauses in the credit agreement.
The highlights:
Claim amount £2668.54
Interest £891.37
The Court Fee £110.00
Total £3669.91
I am totally lost with the process I don't know who to turn to or what to do I have a deadline to submit a reply/defence to the court by 26/7/17. I contacted BigC550 as I could see he had the same problem with the same people and in the N.Ireland area I sent some messages and got replies and I want to fight this. I'm also being sent to work from the 18th to the 24th in England which limits even more my ability to find suitable representation or help as most legal business are on holidays this week and the legal brains on holiday for the month. I cant find anyone with customer credit knowledge except for one which has been recommended but has represented the creditor against me but are not part of this action.
History:
I was in a shopping centre and only signed an application form to see if I could get a credit card and this was the only document I ever signed. I got the card used it ran a balance unaware of the nature of MBNA made redundant 2004 became self-employed and continued until 2006 when the credit limit increased without my request and interest rates increased 16% - 24% then 2008 34% and then I struggled until 2010 when I started to learn my rights and got the phone calls stopped and got a payment agreed and the interest rate frozen with MBNA. MBNA had taken PPI on me from the start although I knew I never asked for it and had ticked the box no on my application form at the start and 3 other times over the phone I asked for it to be removed but was refused and was never told I had to request it stopped in writing I guess no means no and I could not afford to cancel everything as I did not have the money to clear the dept in full if it went that way. In 2012 the payment schedule went nuts I was getting default notices all the time I broke my angle and could not work told them but they kept coming until Sept 2012 after requesting copies of credit agreement and MBNA giving me different addresses over the phone and not giving me an address in writing where I could send the request. I even complained to the FOS about it as I was told no requests had been received by MBNA eventually I got a copy for S78 request which I got I think from this site which was the current terms and conditions typed on plain A4 paper, and a copy of the application form and what I never had seen as it was on a clip board when I signed the front of the application form some terms and conditions on the back. Then form had 2 stamps on it one round and unreadable the other a date stamp 15/8/00 with a signature integrated in the stamp over it very clear compared to the circular one which has what looks like a date and the word verbally verified in it these are over the top of some terms and not in a specified area. After a final default dated 2/1/13 with action date of 20/1/13 which I had not received before I had left the country early hours of the 25/1/13 and found it on my return on the 1/2/13 the history on this is I had complained many times and got the FOS involved as my mail from MBNA was always taking 2 weeks to arrive which was causing me difficulty paying statements in time and time sensitive documents were arriving after deadline dates I had rang UK Mail and asked could the barcodes be decoded to discover the true postal dates but they refused and said it was between them and MBNA (the customer). I discovered an online way of submitting complaints which avoided the post not arriving with them I used it to claim PPI back I received £3710 against the same outstanding balance of £2668.54 and I could not understand how the outstanding balance was still the same with so much PPI being paid back the fact they had illegally taken it was never addressed, so I complained about this but MBNA just said they were right without explaining why or how and I also said the credit agreement was unenforceable that it was not to the correct legal requirement in responce they said it was legal and they continued. The defaulted dept was sold to AKTIVE KAPITAL Norway, then apparently AKTIVE KAPITAL UK and from the start I said the agreement was unenforceable and refused to acknowledge it or pay anything. They would stop contact for several months they reappear and disappear again since 2013 when I give them the same response of unenforceable.
Since the default 20/1/13 I requested copy of agreement and SAR request from MBNA which now looking at it has some in my view damming evidence of deception and misrepresentation with dates and documentation. This is around the credit agreement date of signing/activation and the last default notice was printed 6 to 7 days after the date on the document. I got a copy of the default notice which has been altered the regards name and signature on it and the action date one day later than the original also it refers to different clauses in the credit agreement.
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